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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
)
State of Oklahoma ) File No.: EB-FIELDSCR-12-00005478
Owner of Antenna Structure No. 1007484 ) NOV No. V201332500028
)
Muskogee, Oklahoma )
)
NOTICE OF VIOLATION
Released: December 21, 2012
By the District Director, Dallas Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's Rules (Rules) to State of Oklahoma, owner of
antenna structure number 1007484, in Muskogee, Oklahoma. Pursuant to
Section 1.89(a) of the Rules, issuance of this NOV does not preclude
the Enforcement Bureau from further action if warranted, including
issuing a Notice of Apparent Liability for Forfeiture for the
violation(s) noted herein.
2. On November 13, 2012, agents of the Commission's Dallas Office
inspected antenna structure number 1007484 located in Muskogee,
Oklahoma, and observed the following violation(s):
a. 47 C.F.R. S: 17.4(a): "[T]he owner of any proposed or existing
antenna structure that requires notice of proposed construction to
the Federal Aviation Administration must register the structure with
the Commission." Owners must provide accurate information to the
Commission. The location of the structure in the Antenna Structure
Registration database was 35-45-00.0 N, 095-18-01.0 W. However, the
agents found the actual location of the structure to be 35-44-57 N,
095-18-36 W.
b. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." The agents observed that the paint was faded and
chipped at the time of the inspection.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
State of Oklahoma must submit a written statement concerning this
matter within twenty (20) days of release of this Notice. The response
(i) must fully explain each violation, including all relevant
surrounding facts and circumstances, (ii) must contain a statement of
the specific action(s) taken to correct each violation and preclude
recurrence, and (iii) must include a time line for completion of any
pending corrective action(s). The response must be complete in itself
and must not be abbreviated by reference to other communications or
answers to other notices.
4. In accordance with Section 1.16 of the Rules, we direct State of
Oklahoma to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of State of Oklahoma with personal knowledge of the
representations provided in State of Oklahoma's response, verifying
the truth and accuracy of the information therein, and confirming that
all of the information requested by this Notice which is in the
licensee's possession, custody, control, or knowledge has been
produced. To knowingly and willfully make any false statement or
conceal any material fact in reply to this Notice is punishable by
fine or imprisonment under Title 18 of the U.S. Code.
5. All replies and documentation sent in response to this Notice should
be marked with the File No. and NOV No. specified above, and mailed to
the following address:
Federal Communications Commission
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas, 75243
6. This Notice shall be sent to State of Oklahoma at its address of
record.
7. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas District Office
South Central Region
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Rules provides that "[a]ny document to be filed with
the Federal Communications Commission and which is required by any law,
rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification,
certificate, statement, oath or affidavit by the person making the same,
may be supported, evidenced, established or proved by the unsworn
declaration, certification, verification, or statement in writing of such
person . . . . Such declaration shall be subscribed by the declarant as
true under penalty of perjury, and dated, in substantially the following
form . . . : `I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on (date).
(Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission